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The California statute simply directs state law enforcement to inspect these detention facilities for violations of law.

The federal government objects to such inspections, asserting: (1) that state law singles out these immigration detention facilities for inspection, and does not provide for similar inspection of facilities that are not related to immigration enforcement; and (2) California “has no lawful interest in investigating federal law enforcement efforts.” I think the federal government’s instinct here is wrong, or at least overstated, on both counts.

The complaint, filed in federal court in Sacramento in the Eastern District of California about eight weeks ago, asserts claims by the federal government against the State of California for three distinct state legislative enactments that fall under the “sanctuary” rubric: (1) California’s “Immigrant Worker Protection Act” (IWPA); (2) California Assembly Bill (AB) 103, relating to investigation powers of the California Attorney General with respect to certain immigration detention facilities; and (3) California Senate Bill (SB) 54, which limits state and local enforcement discretion to provide the federal government information relating to persons released from state detention who may be of interest to federal immigration authorities.

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(As an aside, I should note that the issue has generated some conflicts as well; for example, some less liberal cities in solidly blue states have tried to politically distance themselves from state sanctuary policies.) Moving from political rhetoric to constitutional law, a lawsuit filed by the Trump administration against the State of California earlier this spring helps bring into relief the legal stakes in the sanctuary battles.

But even as the lawsuit seeks to attach some legal flesh onto the political bones of the dispute, the litigation also highlights two recurring problems with the debate so far: (1) the term “sanctuary” is too broad, as a legal matter, insofar as it is used as an umbrella to cover many state and local actions that are very different (legally speaking) from one another; and (2) the legal positions advanced by the federal administration and ambitious states like California are both too extreme and doctrinally untenable.

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